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Workplace Violence Exhibit 20A

EXHIBIT 20A • CHECKLIST FOR DRAFTING A


WORKPLACE VIOLENCE POLICY

Below is a checklist of issues employers may consider in drafting a workplace violence poli-
cy. Mark Cohen prepared this checklist, with help from Michele Dusenbery, President of DART, Inc.,
a Boulder nonprofit that provides workplace violence prevention training.

This list is by no means exhaustive, but should provide a good foundation for those who
wish to draft or review a workplace violence policy. This checklist is just that — a checklist. There is
no requirement or suggestion that every employer create a workplace violence policy that addresses
each of these items. The level of detail in workplace violence policy will depend on the employer’s
size and financial resources. Employers should be careful to ensure that their workplace violence
policies do not conflict with other established company policies and procedures.

CHECKLIST

• Definition of workplace violence to include threats, stalking, harassment, and destruction of property

• Statement of organizational prohibition of workplace violence by employees, vendors, customers, or


anyone else on the premises

• Statement of “zero tolerance” policy

• Statement that violation of the policy may result in discipline up to and including termination of
employment

• Designation of person(s) in charge of workplace violence issues with name(s) and contact
information

• Hiring procedures charge

— Pre-employment screening
— Criminal history checks
— Credit checks (comply with Fair Credit Reporting Act)
— Drug/alcohol screening
— Psychological testing
— References
— Interview questions aimed at workplace violence (compliance with ADA)
— Role-play scenarios aimed at ability to respond to irate people and stress
— New employee orientation to explain company policies

• Safety of off-site employees and drivers

— Know where they are


— Know their itinerary
— Know when they are supposed to return
— Require periodic check-in
— Provide communications tools for use in emergency

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Exhibit 20A The Practitioner’s Guide to Colorado Employment Law

• Employee Assistance Programs

• Stress reduction opportunities

• Health club memberships

• On-site exercise facilities

— On-site massage
— Break room
— Classes on dealing with stress

• Insurance

— Liability insurance for employer


— Coverage for employee’s mental health treatment
— Coverage for employee’s substance abuse treatment

• Privacy issues

— Make clear employees have no expectation of privacy in such things as e-mails, phone
conversations, and contents of desks

• Communications

— Identify whom to call in event of particular types of incidents


— Post emergency phone numbers near phones
— Provide necessary equipment (phones, panic buttons, and two-way radios)

• Reporting requirements

— Require employees to report incidents to a designated official


— Provide that failure to report may result in discipline
— Include a statement prohibiting retaliation against the reporting party
— Establish a hotline
— Allow anonymous reporting

• Monitoring

— Track number and nature of incidents


— Analyze trends

• Internal investigation procedures

— Statement that employer will investigate all reports of workplace violence


— Appoint a person to investigate the incident
— Establish procedures to be used during investigation

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Workplace Violence Exhibit 20A

• Documentation requirements

— Statement from victim


— Statement from witnesses
— Statement from perpetrator
— Video evidence, if available
— Photographs of injuries
— Preservation of physical evidence
— Copies of relevant police reports

• Medical

— Encourage medical attention when appropriate


— Maintain adequate first-aid supplies
— First-aid training

• Interim disciplinary measures

— Suspension of accused employee


— Reassignment of accused employee
— Written statement ordering employee not to return to premises
— Increased security personnel

• Disciplinary options and procedures

— Counseling
— Verbal or written warnings
— Probation
— Demotion
— Reassignment
— Termination

• Termination procedures

— Terminate immediately and do not give employee reason to return


— Give employee written order not to return
— Advise employee of available outplacement services
— Have security personnel present or alerted to event
— Have paperwork done in advance to minimize length of meeting
— Terminate at end of day when other employees have gone home
— Avoid humiliating employee, if possible
— Have a second employee serve as witness during termination discussion
— Obtain keys, key cards, and other access devices
— Consider termination pay to alleviate financial insecurity
— Consider promise not to contest claim for unemployment
— Consider offer to provide letter of reference
— Referral to Employee Assistance Program if the employer has one
— Change door codes if necessary

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Exhibit 20A The Practitioner’s Guide to Colorado Employment Law

• Substance abuse policies

• Weapons policies

• Sexual harassment policies

• Domestic violence policies

• Protecting cash and valuables on the premises

• Computer security issues, such as change of passwords

• Policies on discrimination based on race, gender, religion, and so on

• Training requirements

— Personal safety awareness


— Verbal de-escalation
— Warning signs of potential workplace violence
— Defensive techniques
— Situational training
— First-aid training
— Evacuation plan
— Frequency of training

• Relations with law enforcement

— Alert law enforcement to possible issues

• Security personnel

— Number of security personnel


— Placement of security personnel
— Qualifications
— Weapons or no weapons
— Understanding of duties
— Relations with law enforcement

• Crisis response plan

— Develop plan and designate team members who will deal with particular type of incident,
such as an irate individual, bomb threats, shootings, fire, and terrorists

• Require periodic workplace safety audits

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Workplace Violence Exhibit 20A

• Physical structure

— Barriers to vehicles
— Mirrors to see around corners and blind spots
— Landscaping for unobstructed views of workplace
— Limits on posting signs in windows
— Adequate lighting in and around workplace
— Adequate lighting in parking lots and paths
— Glass versus Plexiglas®
— Fencing
— Multiple exits
— Number of entrances
— Safe rooms
— Phones in each room

• Security equipment

— Entrance gates
— Door controls
— ID cards
— Alarms
— Panic buttons
— Closed-circuit TV
— Metal detectors

• Visitor procedures

— Sign in and out


— Required ID
— Visitor badges
— Check visitor against list of possible threats
— Limit visitors to certain areas

• Mail procedures

— Written mail handling procedures


— Suspicious packages
— Bomb threat procedures

• Evacuation plan

— Posted floor plans showing exits and entrances

• Post-incident response

— Review how and why incident occurred and lessons learned


— Discuss needs of the victim(s)
— Discuss needs of the perpetrator
— Public relations

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